An applicant may apply to the Director of Community Development for an adjustment to one or more of the DIFs assessed pursuant to this chapter. The following procedure shall be used to consider such an application:
(A) The application shall be in writing and filed with the Director no later than ten days before the public hearing on the first approval required for the project that is subject to the requirements of this chapter, or if no public hearing is required, ten days before submittal of the application for a building permit. The application shall state in detail the factual and legal basis for the requested adjustment(s).
(B) The Director shall consider the application at a meeting with the applicant within 30 days after the filing of the application. The applicant bears the burden of proof in presenting substantial evidence to support the application. The applicant must present evidence, in the form of technical information, to show that a DIF, or the amount of a DIF, is inappropriate for the particular development, which evidence shall be comparable in detail to the technical information found in the Development Impact Fee Study.
(C) The Director shall consider the following factors to determine whether or not to approve any adjustment to a DIF:
(1) The proposed use of the DIF;
(2) The characteristics of the development project which is the subject of this review procedure;
(3) The appropriate land use category for the development project which is the subject of this review procedure;
(4) The relationships between:
(a) The use of the DIF and the nature of the project;
(b) The need for the public improvements funded by the DIF and the nature of the project; and
(c) The costs of the public improvements funded by the DIF and the portion of such costs attributable to the DIFs that would normally be assessed on the project.
(5) Whether the DIF is reasonably related in extent to the likely impacts of the proposed development project.
(D) The Director is authorized to reduce the amount of a DIF based upon the determination made pursuant to this section.
(E) The decision of the Director shall be appealable to the City Manager pursuant to § 9-3.120 of this chapter.
(Ord. 2079-C-S, passed 3-25-14)